SouthTrust Bank of Alabama, N.A. v. Winter

CRAWLEY, Judge.

Marcia Lee Baldwin Winter (“Winter”) filed a will contest, alleging that the decedent, Marcella Baldwin (“Baldwin”), lacked the requisite mental capacity to execute a will and had been unduly influenced in the execution of her will and a subsequent codicil. SouthTrust Bank, the executor (“the Bank”), filed a motion for summary judgment. In response to the Bank’s motion, Winter alleged that the will had been revoked. The trial court denied the Bank’s motion for summary judgment. After a non-jury trial, the court found that Baldwin had revoked her will. The trial court considered…